Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 62 |
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adjourned affidavit affirmed agreed agreement alleged amount appellant application assignment authority bank bonds cause of action certificate chap charge charter charter party Civil Procedure claim clerk Code of Civil Company complaint concurred contract costs and disbursements coupons Court in favor court of equity creditors Culbert damages deceased decree defendant defendant's delivered demurrer denied directed discharged dollars costs duty entered entitled evidence ex rel examination executor fact Fehrman granted HATCH held INGRAHAM interest issued judgment JUNE TERM jury LAUGHLIN liability MCLAUGHLIN ment mortgage motion paid parties payment person plaintiff possession premises proceedings purchase question railroad real property received recover referred respondent reversed Rosana rule SECOND DEPARTMENT statute Statute of Frauds supra Supreme Court testator therein thereof THIRD DEPARTMENT tiff tion trial trust verdict York Special Term
Popular passages
Page 56 - If an action is commenced within the time limited therefor, and a judgment therein is reversed on appeal, without awarding a new trial, or the action is terminated in any other manner than by a voluntary discontinuance, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits...
Page 539 - In an action brought to recover a judgment affecting the title to, or the possession, use, or enjoyment of, real property...
Page 390 - The amount of any loss or damage for which any carrier is liable shall be computed on the basis of the value of the property (being the bona fide invoice price, if any, to the consignee^ including the freight charges, if prepaid) at the place and time of shipment...
Page 471 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 185 - injury to property " is an actionable act, whereby the estate of another is lessened, other than a personal injury, or the breach of a contract.
Page 34 - ... provided, however, that honorably discharged soldiers and sailors from the army and navy of the United States in the late civil war, who are citizens and residents of this State, shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section.
Page 33 - No person shall be appointed or employed under any title not appropriate to the duties to be performed, and no person shall be transferred to, or assigned to perform the duties of, any position subject to competitive examination, unless he...
Page 384 - ... 1. Where it has been usually cultivated or improved; 2. Where it has been protected by a substantial inclosure; 3.
Page 264 - ... that he has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent; or...
Page 142 - It is the constant aim of a court of equity to do complete justice by deciding upon and settling the rights of all persons interested...